Short answer

Yes. Under Pennsylvania law a co-owner of real property (including heirs who inherit property as tenants in common) can ask a court to order a partition of the property. If the court finds partition by division is impractical, it can order a partition by sale and distribute sale proceeds among the owners. You may be able to force a sale even if a family member refuses to work with a realtor — but doing so requires a civil court action (a partition action) in the Court of Common Pleas.

Detailed answer — how partition works in Pennsylvania

1) Who may bring a partition action. Any person who holds a legal or equitable interest in the real property can file a partition action. That includes heirs who own the property as tenants in common after an estate passes through probate or by intestacy.

2) Where to file. Partition actions are filed in the Court of Common Pleas in the county where the property is located. For general information about the Court of Common Pleas, see the Pennsylvania Courts website: https://www.pacourts.us/courts/court-of-common-pleas.

3) Types of partition the court can order. The court generally has two primary remedies:

• Partition in kind — the property is physically divided so each owner receives a separate portion. This works only when the property can be divided practically and fairly (often possible for large tracts, harder for a single house lot).
• Partition by sale — the court orders a sale and divides the proceeds among the owners according to their ownership shares. The court may order a public (sheriff’s) sale or a private sale under judicial supervision.

4) What the court considers. The judge will consider whether physical division is practical, whether division would be fair, whether one party’s conduct has prejudiced others, and whether sale better protects the parties’ interests. Courts may appoint a master or commissioner to value property, oversee division, or manage sale details.

5) Costs, credits, and distribution. The court typically deducts liens, mortgage payments, taxes, necessary expenses of sale, and costs of partition from the sale proceeds before distributing the net proceeds pro rata. If one co-owner improved the property or paid expenses that benefited all owners, the court can order adjustments or credits.

6) Timeline and likely expenses. A partition action can take months to more than a year depending on complexity, title issues, contestation by co-owners, and court backlog. Expect filing fees, service costs, appraisal and commissioner fees, and possible attorney fees. In some cases, the court may award costs or attorneys’ fees between the parties depending on conduct and the laws that apply.

7) Probate and title issues. If the property was recently inherited, confirm whether the estate has completed probate. If the property remains titled in the decedent’s name, a partition action may require resolving estate paperwork or joining the estate as a party. Clear title and lien searches are critical before sale.

8) Alternatives that can avoid court. Before filing suit, consider negotiating a buyout (one co-owner buys the others’ interests), mediating the dispute, using a realtor for a private sale with signed authorizations, or agreeing on a trustee or receiver to handle sale. Courts often expect parties to attempt resolution before litigation, though it is not always required.

9) Practical steps to take now

1. Gather proof of ownership: deed, probate paperwork, will, death certificate, mortgage statements, property tax bills.
2. Request a title search to identify liens and mortgages.
3. Obtain a current market valuation (appraisal or broker price opinion).
4. Send a written demand to the co-owner proposing sale or buyout and keep a copy for records.
5. If negotiation fails, file a partition complaint in the Court of Common Pleas in the county where the property sits. The court will notify all owners and set court dates.

10) Where to learn more and next steps. Because partition actions follow state civil procedure and local court practices, talk with a Pennsylvania real property or probate attorney. The Pennsylvania Courts site lists Court of Common Pleas information: https://www.pacourts.us/courts/court-of-common-pleas. For self-help resources and referrals, you can also consult Pennsylvania legal aid resources (for low-income parties) such as PALawHelp: https://www.palawhelp.org/.

Helpful hints

• Be realistic about costs: court-ordered sales involve additional expenses. Compare those costs to an amicable broker-assisted private sale or buyout.
• Document everything. Keep copies of communications, offers, repairs, and payments tied to the property. Courts rely on records for credits and reimbursements.
• Check mortgages and liens first. A mortgage must be paid or addressed at sale; otherwise lienholders may block distribution of proceeds.
• Consider mediation. Courts often encourage or require mediation. Mediation can produce faster, cheaper resolutions and preserve family relationships.
• Appraisal helps. A recent professional appraisal supports your case on value and may speed sale approval or allocation decisions by the court.
• If a family member is living in the property, research occupant rights. A co-owner who occupies the property may still be ordered to allow sale, but eviction or buyout issues can complicate timing.
• Plan for taxes. Capital gains and estate tax issues can affect net proceeds — consult a tax advisor for tax consequences after sale.
• Hire counsel for contested matters. If co-owners fight or title problems exist, an experienced Pennsylvania lawyer will navigate local rules and court practice.